Kaizen

Terms of Use

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Kaizen, which includes the website at https://kaizen.inc, the Kaizen mobile app and the services they provide (together, the “Service”), is owned and operated by Kaizen Inc (“Kaizen Inc,” “us,” “our,” or “we”). Certain features of the Service may be subject to additional guidelines or rules posted on the Service, which are incorporated by reference into these Terms.

These Terms of Use (“Terms”) govern your use of the Service. By accessing or using the Service, or by tapping “Continue” (or a similar button) when you sign up, you agree to these Terms. You must be at least 13 years old to use the Service. If you are under 18, or under the age of majority where you live, you may use the Service only with the permission of a parent or legal guardian who agrees to these Terms on your behalf. If you do not agree to these Terms, please do not use the Service.

Important: please read Section 13 carefully. It contains an agreement to resolve disputes through binding individual arbitration instead of in court, and includes a waiver of class action rights and jury trial rights. You have 30 days to opt out of the arbitration agreement, as further described in Section 13.

1. Accounts

1.1 Creating an account

Most features of the Service require you to register for an account. When you register, you agree to provide accurate information and to keep it current. You may not create an account for anyone other than yourself, impersonate anyone, or choose a username that misleads people about who you are or infringes someone else's rights. We may reclaim or change a username for any of those reasons. You can ask us to delete your account at any time by emailing support@kaizen.inc.

1.2 Account security

You sign in to Kaizen with your Apple account or with a code we email to you, or with another sign-in method we offer. You are responsible for keeping access to your email account, your Apple account and your devices secure, and for all activity that occurs under your account. If you believe your account has been accessed without your authorization, please notify us immediately at support@kaizen.inc. We are not liable for any losses resulting from your failure to keep them secure.

2. Access to the Service

2.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal, non-commercial purposes.

2.2 Restrictions

You may not: (i) license, sell, rent, lease, transfer, assign, distribute, or commercially exploit the Service or any content on it; (ii) modify, create derivative works from, disassemble, reverse-compile, or reverse-engineer any part of the Service; (iii) access the Service in order to build a similar or competing product or service; (iv) scrape, crawl or otherwise collect information from the Service by automated means, or access it through any interface other than the ones we provide; or (v) copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Service except as expressly permitted by these Terms. All copyright and proprietary notices on the Service must be kept intact on any copies you are permitted to make.

2.3 Changes to the Service

We may modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We are not liable to you or any third party for any such modification, suspension, or discontinuation.

2.4 No support obligation

We have no obligation to provide you with support or maintenance for the Service.

2.5 Ownership

All intellectual property rights in the Service and its content, other than Your Content (defined below), including copyrights, patents, trademarks, and trade secrets, belong to Kaizen Inc or its suppliers. These Terms do not transfer any ownership rights to you, except for the limited access rights in Section 2.1. All rights not expressly granted are reserved.

2.6 Feedback

If you share feedback or suggestions about the Service with us, you grant us a perpetual, irrevocable, worldwide, non-exclusive, fully-paid, royalty-free license to use that feedback freely, in any manner and for any purpose, without attribution. Please do not submit any feedback that you consider proprietary or confidential.

3. Your content and conduct

3.1 Your content

“Your Content” means anything you post, upload, log or share on the Service, such as your profile, activities, photos, captions, comments, reviews, notes, goals, clubs, meetups and the links you share, and the information the Service imports for you from apps you connect. You keep ownership of Your Content, and you are solely responsible for it. You represent that you have all the rights needed to post it and to grant the license below, and that it does not violate these Terms or anyone else's rights.

3.2 License to us

You grant Kaizen Inc a worldwide, non-exclusive, royalty-free, fully paid license to host, store, copy, process, adapt (for example, to resize a photo or to format a post), display and distribute Your Content, solely to operate, provide and improve the Service. This license ends when you delete Your Content or your account, except to the extent other people have shared or interacted with it, or we need to keep it as described in our Privacy Policy.

3.3 Who can see Your Content

Kaizen is a social service. You choose who can see each post, such as everyone, your friends, or only you. Your username, name and profile photo are visible to everyone, including people who do not use Kaizen. Anything you share with “Everyone” can be seen by anyone, and other people may save or share what they can see. Please think before you post, especially photos, places and workout routes.

3.4 Acceptable use

You agree not to use the Service to:

  • harass, bully, threaten, intimidate or impersonate anyone, or post content that is hateful, violent, sexually explicit, or that exploits or endangers minors;
  • post anyone else's personal information, photos or location without their permission;
  • post content that infringes anyone's intellectual property, privacy or other rights, or that is false, deceptive or defamatory;
  • falsify activities, progress, records or results, for example to win a challenge or climb a leaderboard;
  • send spam or unsolicited promotions, or sell goods or services without our permission;
  • organize or promote anything illegal or dangerous, including through clubs or meetups;
  • interfere with or disrupt the Service, probe or breach its security, or upload viruses or other harmful code; or
  • violate any applicable law or regulation.

3.5 Enforcement and reporting

We are not obligated to review Your Content, but we may remove or hide any content, and suspend or terminate any account, that we believe violates these Terms or harms other people or the Service. To report a person or a post, or to ask us to block someone, write to us at support@kaizen.inc.

We respect the intellectual property of others. If you believe that content on the Service infringes your copyright, email support@kaizen.inc with: your contact details; a description of the copyrighted work; where the material you believe infringes it appears on the Service; a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf; and your physical or electronic signature. We terminate the accounts of repeat infringers in appropriate circumstances.

4. Privacy

Your use of the Service is also governed by our Privacy Policy, which is available at kaizen.inc/privacy and is incorporated into these Terms by reference. The Privacy Policy describes the types of personal data and other information we collect from you or your device, how we use that information, and the circumstances under which we may share it with third parties. By using the Service, you acknowledge that Kaizen Inc will process your personal data in accordance with the Privacy Policy. If there is a conflict between these Terms and the Privacy Policy with respect to the collection, use, or processing of your personal data, the Privacy Policy will control.

5. Health, fitness and safety

5.1 Not medical advice

The Service helps you track activities and work toward goals. Training plans, programs, recipes, metrics, records and anything else on the Service are for general information and motivation only. They are not medical, health, nutritional or professional advice, and they are not a substitute for it. The Service is not a medical device and is not intended to diagnose, treat or prevent any condition. Consult a physician before you start a new exercise program, diet or fast, or change an existing one, and stop and seek help if you feel pain, faintness or shortness of breath.

5.2 Your activities are at your own risk

Running, cycling, swimming, hiking, training for a race, cooking and the other activities the Service helps you with carry inherent risks of injury, illness and property damage. You choose whether, when and how to do them, and you assume those risks. Check ingredients for allergens yourself, and follow safe food-handling practices. Measurements from your devices and from connected apps may be inaccurate.

5.3 Meeting people

Clubs, meetups, challenges and races may bring you together with people you have not met before. We do not screen users or verify who they say they are, and we do not organize, supervise or vouch for meetups or events. Use your judgment, meet in public places, and tell someone where you are going.

6. Indemnification

You agree to defend, indemnify, and hold harmless Kaizen Inc and its officers, employees, and agents from any claims and reasonable costs or attorneys' fees arising out of (i) your use of the Service, (ii) Your Content, (iii) your violation of these Terms, or (iv) your violation of any applicable law or regulation or anyone else's rights. We may assume control of the defense of any such claim at your expense, and you agree to cooperate with our defense. You agree not to settle any such claim without our prior written consent. We will make reasonable efforts to notify you promptly of any claim we become aware of.

7. Third-party services and other users

7.1 Third-party services

The Service includes links to and integrations with third-party websites and services (collectively, “Third-Party Services”). For example, you can sign in with Apple, connect Strava or Apple Health to import your workouts, and share links to books, recipes, videos and other pages that the Service looks up for you. We do not control, endorse, or take responsibility for any Third-Party Services, including the accuracy of what they send us. You use them at your own risk, and their own terms and privacy practices apply to that use. When you connect one, you authorize us to access and import your information from it as described in our Privacy Policy, and you can disconnect it at any time.

7.2 Other users

Your interactions with other users of the Service, online or in person, are solely between you and those users. We are not responsible for any loss or harm resulting from those interactions or from content other users post, and we reserve the right, but have no obligation, to get involved in disputes between users.

7.3 Release

To the fullest extent permitted by law, you release Kaizen Inc and its officers, employees, agents, successors, and assigns from all claims, demands, and damages of any kind arising out of or related to other users or Third-Party Services. If you are a California resident, you waive California Civil Code Section 1542, which provides: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party.”

7.4 The iOS app

If you use the Kaizen iOS app, these Terms are between you and Kaizen Inc only, not Apple Inc. (“Apple”), and Kaizen Inc, not Apple, is responsible for the app and its content. Your license to the app is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Apple has no obligation to provide maintenance or support for the app, and is not responsible for addressing any claims relating to it, including product liability claims, claims that it fails to conform to any legal or regulatory requirement, consumer protection claims, or claims that it infringes a third party's intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as they relate to the app.

8. Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, Kaizen Inc and its suppliers disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or harmful code, or that any content on it, including content from other users and Third-Party Services, is accurate. Where applicable law requires warranties, they are limited to 90 days from your first use.

9. Limitation of liability

To the maximum extent permitted by law: (a) Kaizen Inc and its suppliers will not be liable for any lost profits, lost data, costs of substitute products, personal injury, or any indirect, consequential, incidental, special, exemplary, or punitive damages arising from or related to these Terms or your use of (or inability to use) the Service; and (b) our total liability to you for any claim arising under these Terms is capped at the greater of (i) $50 USD and (ii) the amount paid to Kaizen Inc by you under these Terms in the six months prior to the incident giving rise to the claim. The existence of multiple claims does not increase this cap. Some jurisdictions do not allow the exclusion of certain damages, so some of these limits may not apply to you.

10. Term and termination

These Terms remain in effect while you use the Service. We may suspend or terminate your access (including suspending access to or deleting your account) at any time and for any reason, including if we believe you have violated these Terms. We are not liable to you for any such termination. Upon termination, Sections 2.2 through 2.6, 3.1, 3.6 and Sections 4 through 13 will survive.

11. State-specific legal notices

The provisions in this Section 11 apply only to users to the extent such users are subject to the laws of the applicable states identified below. If a provision in this section conflicts with another provision of these Terms, the state-specific provision controls for users subject to that state's laws.

11.1 California

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, at 1625 N. Market Blvd. Suite N112, Sacramento, CA 95834, or by phone at (800) 952-5210. Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The provider of the Service is Kaizen Inc. To file a complaint regarding the Service, or to receive further information regarding use of the Service, contact us at support@kaizen.inc. If you are a California resident, you may have additional rights under the California Consumer Privacy Act (as amended by the California Privacy Rights Act). For details on how to exercise these rights, please see our Privacy Policy at kaizen.inc/privacy.

11.2 Washington and Nevada

If you are a resident of Washington or Nevada, you may have rights over your consumer health data under the Washington My Health My Data Act or Nevada Senate Bill 370. For details, please see the consumer health data section of our Privacy Policy.

11.3 Other states

Residents of other states with comprehensive consumer privacy laws, such as Colorado, Connecticut, Virginia, Texas, Oregon, Montana, Utah, Iowa, Indiana and Tennessee, may have similar rights under those laws. For details, please see the state privacy rights notice in our Privacy Policy.

12. General

12.1 Changes to Terms

We may update these Terms from time to time. If we make material changes, we may notify you by email (at the address on file) or by a prominent notice on the Service. Your continued use of the Service after notice of changes means you accept the updated Terms.

12.2 Governing law

These Terms and any dispute arising out of or related to these Terms or the Service will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles. For any claim or dispute not subject to the arbitration provisions in Section 13, you and Kaizen Inc irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware. Notwithstanding the foregoing: (a) either party may bring an action in any court of competent jurisdiction for injunctive or other equitable relief to protect its intellectual property rights; and (b) either party may bring an individual action in small claims court for claims within that court's jurisdictional limits.

12.3 Export

You agree not to export, re-export, or transfer any technical data or products acquired from the Service in violation of U.S. export control laws or applicable regulations in other countries.

12.4 Electronic communications

By using the Service, you consent to receiving communications from us electronically (by email, in-app notifications or notices posted on the Service). These electronic communications satisfy any legal requirement for written notice.

12.5 Accessibility

Kaizen Inc is committed to making the Service accessible to all users, including individuals with disabilities. We endeavor to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. If you experience any difficulty accessing or navigating the Service, or have suggestions for improving accessibility, please contact us at support@kaizen.inc.

12.6 Entire agreement

These Terms (together with the Privacy Policy and any other policies or guidelines referenced herein) are the entire agreement between you and Kaizen Inc regarding your use of the Service. If any provision of these Terms is found to be invalid or unenforceable, it will be modified to the minimum extent necessary to be valid, and the remaining provisions will continue in effect. Our failure to enforce any provision is not a waiver of that provision. The word “including” means “including without limitation.” You may not assign these Terms without our prior written consent; we may assign them freely. These Terms bind any permitted assignees.

Copyright © 2026 Kaizen Inc. All rights reserved. All trademarks, logos, and service marks displayed on the Service are owned by Kaizen Inc or third parties. You may not use any of them without prior written consent from the owner.

12.8 Contact information

Questions about these Terms, and any legal notice to us, can be sent to Kaizen Inc at support@kaizen.inc.

13. Dispute resolution

Please read this section carefully. It affects your legal rights, including your right to sue in court and your right to a jury trial.

13.1 Applicability

Except as described below, you and Kaizen Inc agree to resolve all disputes arising out of or relating to the Service or these Terms through binding individual arbitration, not in court. Exceptions include: (i) claims that qualify for small claims court, brought on an individual basis; and (ii) requests for equitable relief related to intellectual property (such as trademarks, trade secrets, or copyrights). This arbitration agreement applies to all claims, including those that arose before you agreed to these Terms.

13.2 Try to resolve first

Before starting arbitration, the parties agree to try to resolve the dispute informally. The party raising the dispute must send written notice (an “Informal Notice”) to the other party. Within 45 days of receiving that Informal Notice, the parties will meet by phone or video in good faith to try to work things out. Kaizen Inc's notice address is support@kaizen.inc; we will send any Informal Notice to you at the email address associated with your account. If the informal dispute resolution process doesn't resolve the dispute within 60 days, either party may start arbitration.

13.3 Arbitration rules

Arbitrations will be administered by JAMS (www.jamsadr.com). Claims under $250,000 (excluding fees and interest) will use JAMS' Streamlined Arbitration Rules; larger claims will use JAMS' Comprehensive Arbitration Rules. The seat of the arbitration is the State of Delaware. Unless the parties agree otherwise, any in-person hearing will be held in the county where you live, and hearings may be held by phone or video. All arbitration materials and documents are confidential.

13.4 Arbitration request

The arbitration request must include: (i) your contact information and the email address associated with your account (if applicable); (ii) a description of the claims and supporting facts; (iii) the relief you're seeking and a good-faith damages estimate; (iv) confirmation that you completed the informal resolution process; and (v) proof of any required filing fee payment.

13.5 Authority of arbitrator

The arbitrator has authority to resolve all arbitrable disputes, including questions about the scope and enforceability of this arbitration agreement, except that courts (not arbitrators) will decide: (i) challenges to the class action waiver below; (ii) disputes about arbitration fees; (iii) whether a condition precedent to arbitration has been satisfied; and (iv) which version of this agreement applies. The arbitrator may award the same relief as a court, but on an individual basis only. The arbitrator's award is final and binding, and judgment may be entered in any court with jurisdiction.

13.6 Waiver of jury trial

By agreeing to arbitration, you and Kaizen Inc waive the right to a trial by judge or jury for all covered claims.

13.7 Waiver of class actions

All disputes must be brought on an individual basis. Neither you nor Kaizen Inc may bring claims as a plaintiff or class member in any class, representative, or collective proceeding. The arbitrator may only award relief on an individual basis. If a court finds this class action waiver unenforceable as to a specific claim, that claim may be litigated in the state or federal courts located in the State of Delaware; all other claims remain subject to arbitration.

13.8 Attorneys' fees

Each party bears its own attorneys' fees unless the arbitrator finds a claim was frivolous or brought for an improper purpose.

13.9 Batch arbitration

If 100 or more substantially similar arbitration demands are filed against Kaizen Inc within a 30-day period by the same law firm or coordinated group, JAMS will batch them into groups of 100 and appoint one arbitrator per batch, with one set of fees per batch.

13.10 Opt-out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice by email to support@kaizen.inc. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out. Opting out does not affect any other part of these Terms.

13.11 Severability

If any part of this arbitration agreement is found invalid, it will be modified to the minimum extent necessary to make it enforceable; the rest of the agreement remains in effect.